CAPITAL OFFENSE - It is an offense which, under the law existing at the time of its commission and of the application for admission to bail may be punished with death.

The capital nature of an offense is determined by the penalty prescribedby law, and not by the penalty that may be imposed after trial andon the basis of the evidence adduced and the presence of aggravatingor mitigating circumstance.

NOTE: Republic Act No. 9346 entitled ”An Act Prohibiting the Impositionof Death Penalty in the Philippines” was enacted on June 24, 2006repealing R.A. No. 8177 and R. A. No. 7659 and abolishing the death penalty.

Section 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, Not Bailable.

CONVICTION - This refers to conviction by the trial court, which has not become final, as the accused still has the right to appeal. After conviction by the trial court, the accused convicted of a capital offense is no longer entitled to bail, and can only be released when the conviction is reversed by the appellate court. Section 13, Article III of the 1987 Constitution.

Section 8. Burden of proof in bail application

Prosecution has burden of proof - At the hearing of an application for bail filed by a person in custody for the commission of an offense punishable by reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong.

EVIDENCE OF GUILT in the Constitution and the Rules refers to afinding of innocence or culpability, regardless of the modifyingcircumstances.

Regarding Minors Charged with a Capital Offense - If the person charged with a capital offense, such as murder, admittedly a minor, which would entitle him, if convicted, to a penalty next lower than that prescribed by law, he is entitled to bail regardless of whether the evidence of guilt is strong. The reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. This reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death.

Duty of judge to conduct hearing - Where the prosecution agrees with the accused’s application for bail or foregoes the introduction of evidence, the court must nonetheless set the application for hearing. It is mandatory for the judge to conduct a hearing and ask searching and clarificatory questions for the purpose of determining the existence of strong evidence against the accused; and the order, after such hearing, should make a finding that the evidence against the accused is strong.